BILL NUMBER: AB 900	CHAPTERED  10/10/99

	CHAPTER   840
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JUNE 10, 1999
	AMENDED IN ASSEMBLY   APRIL 13, 1999

INTRODUCED BY   Assembly Member Alquist
   (Coauthor:  Senator Alarcon)

                        FEBRUARY 25, 1999

   An act to amend Section 830.3 of, and to add and repeal Section
830.29 of, the Penal Code, relating to peace officers, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 900, Alquist.  Peace officers:  Board of Dental Examiners.
   Existing law provides that the Chief of the Division of
Investigation in the Department of Consumer Affairs and all
investigators of that division, the Medical Board of California, and
the Board of Dental Examiners have the authority of peace officers
while engaged in exercising the powers granted or performing the
duties imposed upon them or the division in investigating the laws
administered by the various boards comprising the department or
commencing directly or indirectly any criminal prosecution arising
from any investigation conducted under these laws.
   Existing law additionally requires the Director of Consumer
Affairs to designate as peace officers 7 persons assigned to the
investigations unit of the Board of Dental Examiners.
   This bill instead would authorize the director to designate 10
persons as peace officers.
   The bill additionally would authorize the director, for a period
extending to July 1, 2002, to designate as peace officers an
additional 7 persons who shall at the time of their designation be
assigned to the investigations unit of the Dental Board of
California.
   The bill also would require the Dental Board of California to
contract with an outside entity to conduct an independent study to
examine specific matters concerning the board's operations, including
the board's needs for sworn peace officer positions in its
investigations unit, and to complete and submit the study to the
Legislature by January 1, 2001.
   The bill would appropriate $100,000 from the State Dentistry Fund
to the Dental Board of California in order to conduct the study and
prepare the report required by this act.
   The bill would declare that it is to take effect immediately as an
urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 830.29 is added to the Penal Code, to read:
   830.29.  (a) Pursuant to Section 830.3, the Director of Consumer
Affairs may designate as peace officers an additional seven persons,
who shall at the time of their designation be assigned to the
investigations unit of the Dental Board of California.
   (b) The authorization for these additional seven peace officer
positions shall become inoperative on July 1, 2002, unless a later
enacted statute that is enacted on or before January 1, 2003, deletes
or extends the dates on which it becomes inoperative and is
repealed.
  SEC. 2.  Section 830.3 of the Penal Code is amended to read:
   830.3.  The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 of the
Penal Code as to any public offense with respect to which there is
immediate danger to person or property, or of the escape of the
perpetrator of that offense, or pursuant to Section 8597 or 8598 of
the Government Code.  These peace officers may carry firearms only if
authorized and under those terms and conditions as specified by
their employing agencies:
   (a) Persons employed by the Division of Investigation of the
Department of Consumer Affairs and investigators of the Medical Board
of California and the Board of Dental Examiners, who are designated
by the Director of Consumer Affairs, provided that the primary duty
of these peace officers shall be the enforcement of the law as that
duty is set forth in Section 160 of the Business and Professions
Code.  The Director of Consumer Affairs may designate as peace
officers 10 persons who shall at the time of their designation be
assigned to the investigations unit of the Dental Board of
California.
   (b) Voluntary fire wardens designated by the Director of Forestry
and Fire Protection pursuant to Section 4156 of the Public Resources
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section 4156
of that code.
   (c) Employees of the Department of Motor Vehicles designated in
Section 1655 of the Vehicle Code, provided that the primary duty of
these peace officers shall be the enforcement of the law as that duty
is set forth in Section 1655 of that code.
   (d) Investigators of the California Horse Racing Board designated
by the board, provided that the primary duty of these peace officers
shall be the enforcement of Chapter 4 (commencing with Section 19400)
of Division 8 of the Business and Professions Code and Chapter 10
(commencing with Section 330) of Title 9 of Part 1 of this code.
   (e) The State Fire Marshal and assistant or deputy state fire
marshals appointed pursuant to Section 13103 of the Health and Safety
Code, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
13104 of that code.
   (f) Inspectors of the food and drug section designated by the
chief pursuant to subdivision (a) of Section 106500 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 106500 of that code.
   (g) All investigators of the Division of Labor Standards
Enforcement designated by the Labor Commissioner, provided that the
primary duty of these peace officers shall be the enforcement of the
law as prescribed in Section 95 of the Labor Code.
   (h) All investigators of the State Departments of Health Services,
Social Services, Mental Health, Developmental Services, and Alcohol
and Drug Programs, the Department of Toxic Substances Control, the
Office of Statewide Health Planning and Development, and the Public
Employees' Retirement System, provided that the primary duty of these
peace officers shall be the enforcement of the law relating to the
duties of his or her department, or office.  Notwithstanding any
other provision of law, investigators of the Public Employees'
Retirement System shall not carry firearms.
   (i) The Chief of the Bureau of Fraudulent Claims of the Department
of Insurance and those investigators designated by the chief,
provided that the primary duty of those investigators shall be the
enforcement of Section 550.
   (j) Employees of the Department of Housing and Community
Development designated under Section 18023 of the Health and Safety
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section
18023 of that code.
   (k) Investigators of the office of the Controller, provided that
the primary duty of these investigators shall be the enforcement of
the law relating to the duties of that office.  Notwithstanding any
other law, except as authorized by the Controller, the peace officers
designated pursuant to this subdivision shall not carry firearms.
   (l) Investigators of the Department of Corporations designated by
the Commissioner of Corporations, provided that the primary duty of
these investigators shall be the enforcement of the provisions of law
administered by the Department of Corporations.  Notwithstanding any
other provision of law, the peace officers designated pursuant to
this subdivision shall not carry firearms.
   (m) Persons employed by the Contractors' State License Board
designated by the Director of Consumer Affairs pursuant to Section
7011.5 of the Business and Professions Code, provided that the
primary duty of these persons shall be the enforcement of the law as
that duty is set forth in Section 7011.5, and in Chapter 9
(commencing with Section 7000) of Division 3, of that code.  The
Director of Consumer Affairs may designate as peace officers not more
than three persons who shall at the time of their designation be
assigned to the special investigations unit of the board.
Notwithstanding any other provision of law, the persons designated
pursuant to this subdivision shall not carry firearms.
   (n) The chief and coordinators of the Law Enforcement Division of
the Office of Emergency Services.
   (o) Investigators of the office of the Secretary of State
designated by the Secretary of State, provided that the primary duty
of these peace officers shall be the enforcement of the law as
prescribed in Chapter 3 (commencing with Section 8200) of Division 1
of Title 2 of, and Section 12172.5 of, the Government Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
   (p) The Deputy Director for Security designated by Section 8880.38
of the Government Code, and all lottery security personnel assigned
to the California State Lottery and designated by the director,
provided that the primary duty of any of those peace officers shall
be the enforcement of the laws related to assuring the integrity,
honesty, and fairness of the operation and administration of the
California State Lottery.
   (q) Investigators employed by the Investigation Division of the
Employment Development Department designated by the director of the
department, provided that the primary duty of those peace officers
shall be the enforcement of the law as that duty is set forth in
Section 317 of the Unemployment Insurance Code.
   Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
   (r) The chief and assistant chief of museum security and safety of
the California Science Center, as designated by the executive
director pursuant to Section 4108 of the Food and Agricultural Code,
provided that the primary duty of those peace officers shall be the
enforcement of the law as that duty is set forth in Section 4108 of
the Food and Agricultural Code.
   (s) Employees of the Franchise Tax Board designated by the board,
provided that the primary duty of these peace officers shall be the
enforcement of the law as set forth in Chapter 9 (commencing with
Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation
Code.
   (t) Notwithstanding any other provision of this section, a peace
officer authorized by this section shall not be authorized to carry
firearms by his or her employing agency until that agency has adopted
a policy on the use of deadly force by those peace officers, and
until those peace officers have been instructed in the employing
agency's policy on the use of deadly force.
   Every peace officer authorized pursuant to this section to carry
firearms by his or her employing agency shall qualify in the use of
the firearms at least every six months.
  SEC. 3.  The Dental Board of California shall contract with an
outside entity to conduct an independent study to examine what the
board's needs are for sworn peace officer positions in its
investigations unit.  The study shall be completed and submitted to
the Legislature by January 1, 2001.
   The study shall include, but not be limited to, all of the
following:
   (a) Recommendations on the staffing requirements for the board's
enforcement program, including the number and type of enforcement
positions, such as sworn peace officer positions and non-peace
officer positions, that the board needs to fulfill its consumer
protection mandate.
   (b) The extent to which the board needs to use sworn peace
officers in its enforcement program.
   (c) The documentation of trends in dental related crimes reported
to the board.
   (d) A comparison of the board's enforcement program to similar
agencies, including the mix of enforcement staff, case loads, and
case aging.
   (e) Recommendations for improving the board's enforcement program.

   (f) The fiscal impact to the board from recommended changes, if
any, to its enforcement program and staff.
   While conducting the study pursuant to this section, the outside
entity shall consult with all interested parties, including, but not
limited to, representatives of consumers, dental professionals, local
law enforcement agencies, the Department of Consumer Affairs, and
other state agencies that employ sworn peace officers and non-peace
officer investigators.
  SEC. 4.  The sum of one hundred thousand dollars ($100,000) is
hereby appropriated from the State Dentistry Fund to the Dental Board
of California in order to conduct the study and prepare the report
required by this act.
  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order for the Board of Dental Examiners to retain its current
employees and to avoid the transfer of any of these employees which
is required no later than July 1, 1999, pursuant to Section 160.5 of
the Business and Professions Code, it is necessary that this act take
effect immediately.
